Saturday, January 26, 2008

UPDATED TUE 29 Jan 08: From today's posting on Lim Kit Siang's blog: "the Gor family has lost all avenues of redress in the civil courts, as their application to the Seremban High Court for a declaration that Gor was not a Muslim was dismissed this morning in chambers on the ground that the High Court has no jurisdiction in the matter, as it belonged to the Syariah Court."

The Civil Court had earlier rejected the Gan's appeal for an injunction to stop the religious authorities from removing the deceased's body from the morgue on the same excuse of abdicating their jurisdiction to the Syariah Court.

See also an emotional account of this wholly unsatisfactory latter civil court conclusion from a member of Gan's family.

Sean the man thinks it's high time that Muslim civil court judges recuse themselves (and it they won't, be categorically disqualified) from presiding over cases dealing with the jurisdiction of the civil vs syariah courts over non-Muslims. From the trend of judgments made by Muslim judges on this and similar cases, I think that it's is obvious and apparent by now that Muslim judges are simply unable to separate their duties as impartial members of the judiciary (upholding civil laws), from their personal religious convictions.

UPDATED SUN 27 Jan 08: Added the open letter from Gan Hock Ming (written on behalf of the Gan family), copies of the official conversion documents, copies of doctor's references (as to the deceased's mental and physical condition) and some photos of the family.

I have to say their side of the story strongly reinforces the fact that the religious authorities and Syariah court acted unfairly to accept & validate respectively, a deathbed conversion under what can only be termed as the 'most dubious of circumstances' and in doing so - perpetrated a great injustice. And with regards to the Syariah court, it must be said that they acted wildly beyond the boundaries of their limited authority.

Also do note the numerous deficiencies and suspicious elements in the conversion documents raised by the Gans. I also think their query as to why the religious dept paid zero attention to a pork-eating new convert who never prayed even once (much less 5 times a day) until he died is extremely valid and calls their motives & methods into deep question.

The update is at the bottom of the original blogpost.

I blogged earlier in Police degenerate into religious body snatchers - about Gan Eng Gor, an elderly Buddhist Chinese man, whose eldest son (a Muslim convert) and the State Religious Council claim that he had converted to Islam in July last year. The old man died, and there was an almighty fight between his Muslim eldest son and State religious council versus his widows and seven other children. Why? The former wanted him buried as a Muslim, and the latter wanted him to have a Buddhist/Taoist burial.

On 24 Jan 08, against the tearful lamentations of the widow (inset), the Negeri Sembilan Syariah court ruled that the deceased was indeed a Muslim.

An elderly ethnic Chinese man has been buried as a Muslim after his Buddhist family lost a battle with the Islamic authorities who said he had converted, his son said today. - Malaysiakini

(China Press, Seremban, 24 Jan 2008) Negeri Sembilan Syariah Court declared Gan Eng Gor was a Muslim, he must be buried with Islamic ritual and in the Muslim cemetery in a legal tussle amongst the siblings of Gan. The Syariah Court set aside all court orders to prevent Gan's remains from burial according to Islamic law and also ordered police to assist the state Islamic Religious Council to claim the remains of Gan from a funeral parlour.

The Judge, Muhamad Nadzri Abdul Rahman made the ex-parte judgment at 10.42 AM after hearing the testimonies from officers of Islamic Religious Council in certifying that Gan Eng Gor was converted to islam under his will. All siblings and wife of late Gan except his eldest son, Abdul Rahman Gan Abdullah were absent in the proceeding. - translated by malaysiatoday.com

The court's judge, Mohamad Nadzri Abdul Rahman, told The Associated Press he ruled in favor of the eldest son because the father's wife and seven other children, who had disputed the conversion, were not in court Thursday and he couldn't hear their arguments.

Gan Hock Sin, one of the sons of the dead man, said the family didn't go to the Shariah court because they felt it was unfair that the case was heard there. "It's not fair for us. I don't know how they say he converted. My father couldn't even talk (before his death)," Gan told the AP. "Unfortunately we feel the way they do (these conversions) is not fair for non-Muslim people. The government should be more transparent," he said. He said the police seized the body as the family was carrying out Buddhist rites in a Chinese funeral parlor.

The family had asked the state's civil High Court to hear the case, but a judge ruled he had no jurisdiction in the matter as the Shariah court had already made a decision, said a court official, who declined to be named citing protocol. - AP reproduced by malaysiatoday.com

The most contentious thing about this whole affair is the conversion of the deceased.

Namely, how does a paralysed man who couldn't talk nor write convert to Islam?

The courts routinely rule against death bed changes to wills, inheritances, the granting of powers of attorney etc. when it involves people who might be mentally or physically incapable of making rational decisions. Why? Because their physical or mental state might preclude their ability to express their legal intentions conclusively or cast doubts on the soundness of their minds and faculties in having such intentions.

The deceased was paralysed. He couldn't talk. He was very sick, having suffered multiple strokes. How did the Syariah court come to the conclusion that he had willingly and of sound mind, converted? How did he sign the documents for the conversion? Was a thumbprint used? Is a thumbprint of a paralysed man convincing evidence of his intentions? Is this the standard of evidence of a Syariah court or a Kangaroo court?

There are other issues brought upon by this alleged 'conversion'.

What is the status of his marriage to his non-Muslim wife?

How will his assets be distributed to his wife and children? Tell me, does the eldest son inherit more from a deceased Muslim father or non-Muslim father, especially if some of his 8 children are daughters?

Why is the civil court, yet again, relinquishing it's jurisdiction to the Syariah court? Isn't Gan a Non-Muslim under the jurisdiction of a Civil court, until he is proven to be a Muslim? And doesn't a Malaysian come under the jurisdiction of a Syariah court, only AFTER he is proven to be a Muslim? How can a Syariah court make a judgement that a Non-Muslim has converted when it has no jurisdiction over Non-Muslims, and therefore it CANNOT presume judgement of any sort, over them?

Again, why must Non-Muslims be compelled to appear in a Syariah court, which has NO jurisdiction over their rights? In this case, their rights to give their father (who is still of disputed religious status) a proper Non-Muslim burial?

In light of the increasing number of religious body snatching cases, sean the man reckons that all Non-Muslims in Malaysia should carry on their person, evidence that they are NOT MUSLIM.

Here's a Hell NO, I'm not a Muslim Card, fashioned after the universal organ donor card. I figure that if an organ donor card can determine what happens to your internal organs after you die, it can do the same for your entire body.

So if you care about what happens to your Non-Muslim body after you kick the bucket: print out this card, fill it up and keep it on your person so that you are protected against the body snatchers.

And here are a couple of links to the blogs of members of Gan's family, recounting their harrowing experience.

1. Our father was seventy‐four (74) years old. He suffered a severe stroke in 2006. He was immobilized, bedridden, mentally unsound, cannot speak, partially deaf and has very poor vision.

2. We transferred him to stay with one of our brothers in Klang. Our aged mother looked after, bathed and fed him. She also helped to look after our nephews and nieces.

3. Our father died on 20th Jan 2008. As Gan Hock Seng (the eldest son) is a member of the family, we informed him of our father's death. He was then told us that our father is a muslim, we were shocked and did not believe him. So we continue to perform the wake service as our father have never led a muslim life. The Majlis Agama officers came and attempted to snatch the dead body, all our family members more shocked and angry, we resisted and strongly protested against the removal of our father's body.

4. We obtained his alleged conversion papers from Majlis Agama the second day.

5. We were advised by our solicitors that there are serious irregularities in the said conversion papers especially the Declaration of Conversion into Islam.

a). The declaration was before a Pegawai Ukhuwah. His rubber stamp was on the paper but that officer did not sign.

b). Further there was no signatory at the certification column.

c). There was an illegal alteration on the date to 3rd July 2007.

d). The thumb‐print was questionable as we are certain that our deceased father was in Klang and not at the address No. 451, Taman Megaway, 70400 Sikamat, Seremban as stated in the application form.

e). His address stated in the Borang Perakuan Memeluk Islam is No: 1272, Jalan TBK 6/2, Taman Bkt Kepayang, 70200 Seremban, the residence of the eldest son. We wish to state that our father has never resided at this address.

f). The Majlis Agama Authorities claimed that our deceased father made an oral declaration in Arabic accepting the Muslim faith. Our family has medical confirmations from three doctors that our father was unable to speak.

g). We were asked to appear before the Syariah Court Seremban, we believe the Syariah Court is for Muslims only.

h). We refused to attend at the Syariah Court on a matter of principle as non‐Muslims. We refused to submit to the jurisdiction of the Syariah Court.

i). The Syariah Court made a unilateral declaration that our father is a Muslim and is to be buried in accordance to Muslim rites.

j). We filed an application at the High Court Seremban to adjudicate on the validity, authenticity, veracity and legality of the conversion paper especially the declaration of acceptance into Islam.

k). The High Court Seremban dismissed our application on the ground that he has no jurisdiction to hear this matter as the subject matter falls within the purview of the Syariah Court. We beg to differ.

l). We were indeed shocked and aggrieved at the simplistic way the High Court disposed off this matter. We only seek justice, fair play and to find out the truth on his alleged conversion.

10. The eldest son Gan Hock Seng converted to Islam years ago. Our father and mother had strenuously opposed his conversion.

11. This eldest son had allegedly converted our father without the knowledge of our mother and all other seven siblings.

12. Further, the eldest son had NEVER taken care of him physically and financially. He hardly visited him too.

13. Even if the eldest son had converted our father, we like to ask :‐

i). Why is it that he did not take care of him and brought him to stay in his house to lead a Muslim life?

ii). Why did he allow our father to continue living in a non‐muslim home in Klang ? Our father had never prayed and continued eating pork and other non‐halal food. He never revealed to anyone that he has converted to Islam.

iii). Why he as a Muslim, did not ensure that our father (if he had been indeed converted) led a Muslim life ?

iv). Why is it that the Agama Islam authorities did not visit and follow up with our father – the alleged new convert, after his conversion?

14. We believe we have been unfairly treated by our eldest brother and the Agama Islam authorities in this alleged conversion of our father. If there had been a conversion, we firmly believe that the Agama Islam authorities should have informed all members of the family. There should not be a fight over the body of dead person. There should be dignity and respect on the dead person.

15. We hope the PM and the higher ups in the Islamic Authorities review this case and to ensure that the truth is unraveled. We hope that all conversions to Islam is fair and transparent and made known to all the next of kin of the convert.

We Seek Justice, Fair play and Truth in this matter.

From,Gan Hok Ming for and on behalf of the family members of Gan Eng Gor (deceased)Date: 25th January 2008

Thursday, January 24, 2008

Russia charged us tens of millions to send a Malaysian to space as a piece of furniture. And at the end of the day, nobody except UMNO acknowledges him as anything more than a space tourist.

I reckon when it comes to sending our Astrocannot No.2 to space, we should tell the Russkis to go jump into a vat of vodka and screw themselves. We can go to space on Virgin Galactic's Space Ship Two, and it'll only cost the Malaysian taxpayer $200,000.

The rocket spaceliner will carry two pilot astronauts and six ticketed passengers. They will fly initially from a new facility called Spaceport America in the New Mexico desert.

Seats cost $200,000. Virgin Galactic says more than 200 individuals have booked, and another 85,000 have registered an interest to fly.

And here's what the space flight participants will do.

The journeys will last about two-and-a-half hours from beginning to end. Passengers on SS2 will climb to an altitude of 110km, from where they will get to experience weightlessness for a few minutes, and see the curvature of the Earth and the black of space.

Hey, just wait a frickin' cotton pickin' minute... "experience weightlessness for a few minutes, and see the curvature of the Earth and the black of space"... isn't that exactly what our angkasawan did on his multi-million dollar space holiday? In fact, isn't that the only thing he did?

Tuesday, January 22, 2008

This is amazing. The police act swiftly to disrupt a funeral based on a one-sided complaint. I'm not sure, but I always thought that the police have to investigate first before taking action. Not take action first, then investigate.

If this is indeed the police's modus operandi, why didn't they take Subashini's children into custody first, in order to let the courts investigate and decide if their convert father is allowed to unilaterally convert them?

Why the double standards? Is it because the former adds 1 to the ranks of Muslims, while the latter risks taking 1 away?

SEREMBAN: The Syariah Court here yesterday deferred the hearing to determine the religious status of a 74-year-old dead man to allow his family to appoint a syariah counsel.

Registrar Abdul Razak Mat Nayan told the dead man’s children that they would also have to submit the names of those who would testify during the hearing as part of the court process.

On Sunday, police removed the remains of Gan Eng Gor from a Chinese funeral parlour near here after his eldest son claimed that Eng Gor was a Muslim.

Abdul Rahman Gan Abdullah, 47, who had embraced Islam several years ago, lodged a police report claiming that his father converted to Islam on July 3 last year and had taken the name Amir Gan Abdullah.

However, Eng Gor’s widow, Chua Chun, 65, who had been looking after her bedridden husband over the past two years and the couple’s seven other children, denied this.

This reminds me the recent HK movie, 'Brothers'. I like the part where the eldest son (Miu Kiu Wai) of a deceased gangster kingpin says to the police raid party (led by Andy Lau) at his father's funeral...

Some scenes of true Malaysian culture from TV Smith. It's so gratifying how harmonious Malaysians can be - when nobody insists on always being the 'dominant culture' and there's nobody spreading fear about how it's a damnable sin to acknowledge the fact that others have the right to enjoy their own religions and cultures.

Kuala Lumpur, 22nd January 2008: It is the eve of Thaipusam and the chariot is making its way through Lebuh Ampang. A pair of lion dancers pranced in front of the Hindu deity Lord Murugan. The all-Indian lion dance troupe added an unusual cross-cultural dimension to this annual procession to Batu Caves.

Monday, January 21, 2008

This must be some of the best news I've heard in a long time. Mitsubishi's finally going to introduce a bona fide baby Evo, along the lines of the 200hp Lancer GSR of the 90s.

If it sets its sights on the new and fugly 220hp Subaru WRX 5-door hatch, it's going to be priced around S$90K in Singapore. And that's only S$15K more than a Honda Civic 2.0 and less than a mid-range Camry, Accord or Cefiro.

I might not be able to bring myself to splurge on a S$140K Evo X, but for $50K less, the 235hp Lancer Ralliart might just tweak my loins.

Mitsubishi's Lancer Ralliart bridges the gap between the economy-car-like Lancer and the ultra-hyper Lancer Evolution. The Ralliart uses the same 4B11 2.0-liter 16-valve turbocharged and intercooled 4-cylinder as the Evolution, but with a more modest (and estimated as of this time) 235 bhp and 253 lb.-ft. of torque. It also uses Mitsubishi's MIVEC variable valve timing and, get this: Like the Evo, the Ralliart will be fitted with a full-time all-wheel-drive system, employing Mitsubishi's Active Center Differential (ACD) with three driver-programmable settings: Tarmac, Gravel and Snow.

If that's not tech-geekie enough for you, how about the fact the Ralliart comes with Mitsubishi's awesome new Twin Clutch-SST gearbox (also as in the Evo) that allows the driver to shift manually via steering-column-mounted paddles. Or, it can simply be left in full automatic operation.

More aggressively styled front and rear bumpers, a dual exhaust and an aluminum hood with air intakes differentiate the Ralliart from the standard Lancer.

Basically, with the Lancer Ralliart, Mitsubishi is taking dead-aim at Subaru's Impreza WRX — looks to us like it's a direct hit.

Thursday, January 17, 2008

Disputing DAP secretary-general Lim Guan Eng’s statement yesterday that Umno was the opposition party’s main enemy in the next general election, Ong said it was illogical for the DAP to ask all Chinese voters to vote for the party just to fight Umno.

"The fact is, DAP only contests in MCA-contested seats," Ong said today. Ong said Lim was merely trying to fish for votes by misleading Chinese voters.

"The Barisan Nasional (BN) has a well-tested power sharing system. When Umno is stable with the support of the Malays, the MCA, which is an important strategic partner, naturally also needs to be stable and strong so that we can function effectively in the same system," Ong said.

That's just it. The MCA is UMNO's 'strategic partner' ONLY in the sense that a servant is a strategic partner in getting his master's toilet cleaned. When have MCA and Gerakan done anything apart from constantly acquiescing to every one of UMNO's bigoted demands?

And Ong finishes off with this gem of a quote:

"It is not going to be good for a multiracial society if Umno was very strong but other component parties are very weak.

Yes, he's quite right. I agree absolutely. The only difference is that Ong believes that this is the 'future' (if we don't vote for MCA and Gerakan), but I believe that this is actually the present situation. And we're in this mess precisely because we voted for MCA and Gerakan, and they know nothing else besides being UMNO's bitch and taking one up the arse.

Sunday, January 06, 2008

Organised religion seeks to distance god from men by expounding the fallacy that there exists a select group of men who are the only ones capable of hearing god and conveying his intentions to all other (lesser) men.

Organised religion perpetrates the blasphemy that god is incapable of speaking directly to all men and have them understand him (so much for the concept of ALMIGHTY god, eh?).

Organised religion perpetuates the myth that god... after wielding such great power to create men and give them the gift of the heavens and the earth - suddenly becomes a deaf and mute invalid who has to interact with his creations through a minder / caretaker / guardian?

In fact, all organised religions hinge on the absolutely ridiculous precept that (some) men speak on behalf of god. Well... that might be true but as I've always said - unless you are Mohamed, Jesus, Siddartha Gautama, Lao Tzu or some other person of that very high calibre... all of whom also happen to be very dead - do us all a favour and shut the fuck up.

Anyway, here's a very enlightening viewpoint on religion (as distinct from god) written by a friend of Malaysia-Today. Below is an excerpt of it to start you off.

You ask, how can a good religion make people bad?

To answer this question we have to understand what religion is. Religion is man-made. If we look at the early generations of Muslims, the first two Caliphs for instance, we see a pretty just system. But from there it goes downhill. We have Muslim fighting Muslim, rules and regulations implemented based on frail human understanding and often with less than pious motives, and we see Muslims seeking power rather than Imaan.

Islam is no different from Judaism and Christianity in this respect – they have all lost their way as 'religions'. Faith is one of the most powerful motivators – it can lead men to murder, to corruption and to all sorts of horrific acts, and it is often used by tyrants to accomplish these things. But at the core of it is one human trait that we must always struggle to suppress and that is our desire to be better than others.

We all want notoriety and often 'religion' is used as a way of separating us, as making us think we are better than others, that we somehow are the 'chosen' ones. Look at the division within the Muslim Ummah and the fights over who is the 'saved sect'. Is there a man on earth who really knows for sure how to secure a sacred place in the hereafter?

I don’t think we can look at so-called religions for the answer. And with respect to the Muslims, we have to reject most of what we have been told as the rules and regulations have been handed down by dictators and rulers with their own agenda.

Islam has no Pope. As Muslims, our relationship with Allah is direct. Instead, we look to scholars and leaders as if they have some inside track to God. In Pakistan and Egypt, the Muslims kiss the hands of the Sheikhs, throw money at them and elevate their status. While surely we can gain knowledge from learned men, we need to filter out personal motives and validate so-called 'knowledge'.

Travelling the world as I have, I can tell you that Islam in Malaysia and Turkey, for instance, is drastically different. Look at Saudi Arabia as another example. Women there are not allowed to drive. Yet, in Islam, women are equal and are not restricted from working or achieving skills! Many cultural things have found their way into the 'truth'. How can that be when there is only one truth? I conclude that much 'truth' is man-made!

Saturday, January 05, 2008

As if a conversion with a ridiculous timeline like that is not unbelievable enough, Bernama reports that she converted to Islam "at a house at the Sri Melaka Flats, Cheras."

A HOUSE in Sri Melaka Flats, Cheras?!

Christians are baptised in front of the entire congregations at churches. Buddhists, Sikhs and Hindus undergo various rites of passage and worship at temples with family and friends. And these are the easy-going religions.

So, you mean to tell me that the Islamic authorities of Malaysia - with its penchant for imposing stringent legally enforceable regulations and demanding the one way ticket entry concept to Islam - finds absolutely nothing wrong with an ad hoc conversion in some ubiquitous house in Cheras? Wouldn't a mosque or religious dept office with impartial witnesses, friends and family present, be a better setting? And since the conversion was only 6 days before her death, how can we be sure that there was no undue duress & influence or if she was even of sound mind at that time?

Futhermore, doesn't the very fact that she was married and that the non-Muslim husband was no-where present at her conversion - ring some alarm bells in the heads of the religious officers? Or were their serbans and skull caps on a bit too tight, restricting blood flow to their brains? Why was there no effort made to contact the husband until AFTER the conversion and AFTER her death?

Like I said countless times before. The way conversions to Islam are conducted and subsequently 'enforced' in this country is the root cause of much of the inter-religious conflict we now face. And the overzealous, arrogant and inhumane religious officers - ever ready to underline the 'dominance' and 'maruah' of the national religion - are a great part of that conflict.

On a temporarily brighter note... the court today granted a temporary injunction to Mr Ngiam to prevent the MAIWP from stealing his wife's remains. Ref to Malaysiakini and Bernama.

Friday, January 04, 2008

I reckon that Chua Soi Lek's outgoing press conference sheds a lot of light (albeit indirectly), on exactly which 'political enemy' set him up for the fall. Here are some excerpts from Sun2Surf

"A lot of people were highly suspicious of my movements, why is this man working so hard meeting members ... so he must have a political agenda. He must be ambitious. This was made worse by the press. The press will always say Dr Chua is one who may be mounting a challenge against the deputy president, against the president."

Chua, a medical doctor, said he was unhappy with the "political behaviour of some leaders" but did not elaborate.

Just a day earlier, Chua had said in his constituency of Labis that he would not resign as he served at the pleasure of the prime minister and that it was clear why the DVDs, which were reportedly recorded two years ago, were being distributed now."

Asked why he changed his mind within 24 hours, the 61-year-old Chua said: "After I confessed my mistake, I had hoped Malaysians would accept my apology. Unfortunately, from the feedback I've received, I found that Malaysians could not accept it. Some Malaysians are behaving holier-than-thou.

"I am afraid if I continue to hold the positions in the government or the party, it would be a burden to the government and the party, especially in the context of Islam Hadhari and healthy political culture mooted by my party president (Datuk Seri Ong Ka Ting)."

"I have received no fewer than 200 SMSes condemning certain party leaders, I would not go into it. The moment I leave, I don't like to see my party split. I hope the party leadership under Datuk Seri Ong Ka Ting, if he is practising real healthy political culture, would look into it."

Chua, who had openly declared he would be contesting higher posts in the party, including the presidency, said the healthy political culture should also embrace zero corruption and no moral judgment.

Do you see how many times he seems to choke on mentioning his party president's "healthy political culture"? And how many times he alluded to the pivotal significance of his intention (or the perception of his intention) to contest for the presidency of MCA?

And meanwhile, Lim Kit Siang, in his blog raised a very interesting contention about why Chua did an about-turn with regards to his earlier decision not resign, and that someone might have misled him into confessing.

The second betrayal was whether he had been misled into believing that his admission in his Labis statement would suffice, and he could continue to keep his government and party posts, when in fact, his Labis statement would be the basis to force him to relinquish his government and party posts – as has now happened.

Now.., we all read earlier how Chua sought the advice and forgiveness of Pak Lah, Najib and Ong Ka Ting, his party president, before confessing to the press. Might one of them have set him up for the fall by convincing him to confess publicly?

The Star carries a transcript of this last press conference. Don't ask me how accurate the MCA-owned newspaper can be.

Tuesday, January 01, 2008

UPDATE @5pm:Game Over! for Chua Soi Lek. I am wondering though, why UMNO-owned NST and MCA-owned Star reported this story with such front-page fervour. In my opinion, these broadsheets are dreadfully partisan. But partisan to whom? Chua's enemies within these BN parties perhaps? Who stands to gain from Chua's now-imminent ouster?

MCA Vice President and Health Minister Datuk Seri Dr Chua Soi Lek admitted during a press conference in Labis, Johor, this afternoon that he was the man captured on tape engaging sex with a young woman.

You kill me? I kill me! And you!

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"A patriot must always be ready to defend his country against his government."
- Edward Abbey (1927-1989).
I'm a 4th generation Malaysian who's either too stubborn or too damn stupid to know when to shut the fuck up.